sovereignty

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Related to Sovereignity: State sovereignty

Sovereignty

The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.

Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations.

The individual states of the United States do not possess the powers of external sovereignty, such as the right to deport undesirable persons, but each does have certain attributes of internal sovereignty, such as the power to regulate the acquisition and transfer of property within its borders. The sovereignty of a state is determined with reference to the U.S. Constitution, which is the supreme law of the land.

See: authority, bureaucracy, capacity, dominance, dominion, hierarchy, home rule, influence, jurisdiction, polity, predominance, primacy, regime, supremacy

sovereignty

in UK constitutional law, the doctrine that the monarch in Parliament is competent to make or unmake any law whatsoever and cannot be challenged in any court. The doctrine developed historically, its first major enunciation being in the BILL OF RIGHTS. Possible limitations are:
  1. (i) the ACTS OF UNION;
  2. (ii) the inability of Parliament to bind its successors;
  3. (iii) territorial competence, being a practical limitation rather than a legal one.

By far the most significant restraint is found in the law of the EUROPEAN UNION, which asserts its supremacy in the ever-expanding matters subject to the Treaties. Enforcement of an Act of Parliament has been enjoined on the basis of conflict with European law. The creation of the devolved Scottish Parliament has brought about a conventional restraint of Parliament exercising its powers on matters within the devolved powers:

see SEWEL MOTION.

SOVEREIGNTY. The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. Sec. 207.
     2. Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally exercised by delegation.
     3. When analysed, sovereignty is naturally divided into three great powers; namely, the legislative, the executive, and the judiciary; the first is the power to make new laws, and to correct and repeal the old; the second is the power to execute the laws both at home and abroad; and the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes.
     4. Strictly speaking, in our republican forms of government, the absolute sovereignty of the nation is in the people of the nation; (q.v.) and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state. (q.v.) 2 Dall. 471; and vide, generally, 2 Dall. 433, 455; 3 Dall. 93; 1 Story, Const. Sec. 208; 1 Toull. n. 20 Merl. Repert. h.t.

References in periodicals archive ?
Russia primarily based its demarcation proposal on the fact that any acceptance of the Norwegian proposal would mean an implicit recognition of full territorial sovereignity of Norway over Svalbard (which is incompatible with the Svalbard Treaty).
Anghie, Anthony (2004), Imperialism, Sovereignity and the Making of International Law, Nueva York, Cambridge University Press.
We often see cases when, in the present social context, the new technologies have blurred some of these rights, which generates the real need to have a proper and wide legislation that would guarantee the statement of the principle of unavailability of the human body (to be outside the transactions and not to be touched without the consent of that person), and the non-patrimonial character of the body (which cannot be a property object not even for oneself), from where the impossibility to violate as well as the sovereignity of human rights derive.
As he was aware of his sovereignity, Roy of Sealand threatened the navy by undertaking defensive activity," reads an entry on Sealand's Web site.
Manning, Erin: Politics of Touch, Sense, movement, Sovereignity.
In their campaign against globalization and foreign companies, the local opposition has based their activities on a nationalistic-populistic rhetoric, in which the companies are seen as threats for sovereignity and national ownership of natural resources (e.
Since the establishment of Islamic monarchies in the country, Moroccans gave the king (previously the sultan) the right to exercise sovereignity on their behalf.
cultural nationalism argue that sovereignity and possession remain with
Alice Nah writes about the graduated sovereignity directed against aboriginal peoples in Peninsular Malaysia, the Orang Asli.
Yet, this good moment of the Jewish-government relationship turned into a very conflictive and bitter period for the local community as a consequence of the violation of the Argentine sovereignity during the kidnapping of Nazi war criminal Adolf Eichmann.
Said argues that Conrad's Marlow and Kurtz, like Conrad himself, fail to recognize that "what they saw, disablingly and disparagingly, as a non-European 'darkness' was in fact a non-European world resisting imperialism so as to one day regain sovereignity and independence, and not, as Conrad reductively says, to reestablish the darkness.
As David Jacobson cogently argues, the Bible's ancient stories must be retold "to emphasize possible connections between what went wrong with political sovereignity in biblical times and what [is] going wrong in modern times" (1987, 154).